4.
Detailed statutory authority for the rule (including the statutory citation and language): The fund was established by and is operated as provided in ch. 655, Wis. Stat. The commissioner of insurance, with approval by the board, may promulgate such rules under ch. 227, Wis. Stat., as are necessary to enable them to perform their responsibilities under this chapter. Sections 655.23, 655.24 and 655.245, Wis. Stats., describe generally the limitations of liability, the requirements and limitations for policy forms issued for health care liability insurance and that such policies be submitted for review and approval by the commissioner in accordance with s. 631.20, Wis. Stats. Finally, s. 601.41 (3), Wis. Stat., provides that the commissioner shall have rule-making authority under s. 227.11 (2), Wis. Stat. 5.
Estimates of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:200 hours of time including the time of state employees and members of the board.
6.
List with description of all entities that may be impacted by the rule: All health care providers that are participants in the fund, as set forth in s. 655.23 (3) (a), Wis. Stats., are required to demonstrate proof of financial responsibility by either qualifying as a self-insurer or maintaining a policy of health care liability insurance issued by an insurer authorized to do business in the state. The proposed rule limiting the amount of deductible or other cost sharing provisions contained in the health care liability insurance policy may affect the overall cost of the fully-insured health care liability coverage. 7.
Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:The Office is unaware of existing or proposed federal regulation intended to address any medical malpractice fund like the Wisconsin fund.
8.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):The proposed rule is not likely to have a significant economic impact on small businesses although there is potential that the proposed rule may increase the cost of health care liability insurance coverage.
Significant economic impact on small businesses?
____ yes
__X_ no
Local/statewide economic impact (choose one)
X minimal or none (< or = $50,000)
moderate ($50,000--$20,000,000)
significant (>$20,000,000)
Contact person: Julie E. Walsh, Senior Attorney
Office of the Commissioner of Insurance
